San Antonio, TX asked in Criminal Law and Civil Rights for Texas

Q: Can a temporary judge make his own decision even after the judge thats on the case was deciding diffrently?

The regular Judge went on vacation but had decided on house arrest before he left, however on the next court hearing the temporary judge said no to the house arrest and decided on incarceration up to 12yrs . Does a temporary judge have the right to change the outcome of what was decided on the previous visit if not who or what would be the next step to take?

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: There are situations in which a defendant can object to a visiting judge, but most such objections must be made at the time rather than after the fact. This is a discussion that should happen privately with the criminal defense attorney that handled the case or an attorney in the same jurisdiction that handles criminal appeals. There are extremely short time limits for filing appeal so you can't wait to decide how to handle it.

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